Indirect Tax & ​Foreign Trade Insights - Issue 03

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Foreword

Dear Patrons,

In this third edition of our weekly newsletter - Indirect Tax & Foreign Trade Insights, we are sending you the matters unfolded in the week passed by. These simple, concise, and relevant updates are aimed to streamline the process for you, the tax stakeholders, to keep you on top of the changes taking place in this IDT ecosystem. In a major blow to the real estate Industry, the Telangana HC has dismissed the writ petition filed by the petitioner against charging of GST on the transfer of development rights through JDA. The HC emphasised that that the exclusion of transfer of land under the ambit of GST is exhaustive and therefore, transfer of development rights would be taxable until it is explicitly exempted. It is more than the age of GST that this matter is under litigation. This issue has been widely argued even under the erstwhile tax regimes and the same is becoming the case under GST. Given that the argument of the petitioner is on the question of law and not on the fact, the doors of SC may be the last resort before this issue is dusted under GST.

Highlights

• Telangana HC upholds GST applicability on transfer of land development rights under a JDA
  

• Bombay HC grants interim stay on GST dues on expatriate salary for Mercedes Benz

Period Covered: 06 Feb 2024 to 11 Feb 2024

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